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If you or a family member has been arrested for DUI DWI in New York , what you must make sure first is that your rights are protected. If you have time now to get more information on DUI DWI New York charges as well as DUI and license restriction, read on…
First, if you are charged with a DUI offense call a DUI lawyer. Many offer a free consult and can help you now. Delay in getting DUI legal help can result in the loss of certain rights. Several important things can happen to you before you go to court for the first time so contacting a lawyer as soon as possible is critical.
After an arrest for DUI, most calls come from a family member. Most women and men charged with DUI, DWI (and/or marijuana or cocaine possession) are booked and jailed until an arraignment. If your doing a search for a family member and need to get them out of jail, call a New York DUI lawyer now and ask for a free consult. A lawyer may be able to push to have the case arraigned quickly and get your loved one out of jail as soon as possible.
DUI Information:
Typical DUI, DWI and drunk driving charges are usually classified as misdemeanor offenses, but for repeat offenses or if someone is killed as a result of DUI driving while impaired (felony DWI, felon drunk driving), most states will classify a DUI or DWI as a felony offense.
DUI DWI New York Statutory Summary Suspension
Now to the explanation of statutory summary suspension and understanding DUI and license restriction.Most, if not all states have a statutory summary suspension law providing for suspension of the driver’s license for a person that fails the chemical alcohol or blood test. In some states if you are charged with a DUI offense you will automatically receive a suspension of your driving privileges.
In addition to the DWI or DUI license restriction, you may also be facing a fine, imprisonment or both if convicted. Keep in mind, each states has variations of the two most common statutory formats for revoking a person’s license if that person failed the chemical testing and were found to violate the DUI laws and statutes. In some states a driver who refuses chemical testing will face civil revocation proceeding while in other states, a person who refuses or fails chemical testing would face a statutory summary suspension hearing. The difference between the two is the civil revocation proceeding is more of an administrative rather than judicial process. The Administrative Procedures Act oversees license suspension/revocation proceedings in many states., but some states exclude the Administrative Procedures Act and have their own procedures and statutes.
A person that refuses to take the breathalizer or other chemical test, can have her or his driver’s license taken immediately by the arresting officer. Your license is then submitted to the state Department of Motor Vehicles along with the arresting officer’s report.This report includes all of the details relevant to the DUI stop and arrest (including a refusal to take the chemical test, etc…).
The arresting officer’s report (in most states) must be “sworn” or at least certified. The officer’s filed documents by must be in proper form (and a good lawyer will make sure this has been done properly) and if a person refused to take the chemical or breath test, the form suspending the license should have that noted and follow procedure to have the report filed with the appropriate administrative agency (DMV, etc…).
The best one to talk to is your lawyer. If you have not retained one yet, call a New York DUI lawyer and ask for a free consult to see how they can help you and your family during this difficult time.
